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On narrowest margin, council approves $1,900 for Downtown flowers

By Howard B. Owens

WBTA contributed to this story.

It took the City Council 20 minutes to debate whether the city should reimburse the Business Improvement District $1,900 for flowers.

In the end, the resolution passed 5-4, but not before some sharp words where shared in the council chambers.

Councilwoman Rose Mary Christian looked around the room during the debate and wondered why Don Burkel, BID director wasn't there, "so we could rip his ass."

The request for the reimbursement didn't quite come from Burkel, however, it came from Councilman John Canale, who invited Burkel to submit a request for reimbursement. Canale saw it as a symbolic gesture to show common cause between the City Council and the business community. 

Councilwoman Kathy Briggs said the city already does enough for Downtown. The sidewalks are clean, the medians are beautiful and city crews hang the flower baskets.

"The fact is, we just saw this for the last time in our last packet and I'm like, 'oh, what's this,' " Briggs said. "The fact that a few council people were talking about it beforehand, planning it, then why didn't we know about it in a committee report? Why weren't we told about it. I got it in my packet and I'm like, 'what's this?' They didn't come to us at budget time. If you want this done, come to us and let's talk about it, but for me to find it in my packet and then decide it, no."

Councilman John Deleo also opposed the idea.

“I promised voters I would be financially responsible with their money,” Deleo said, “but flowers don’t rise to that level.” 

“It’s not just about making Downtown pretty,” countered Councilwoman Patty Pacino, “it is about making Downtown attractive to new and existing businesses.”

The BID fronted about $3,900 for the hanging baskets.

"I supported Vibrant Batavia because I wanted to bring pride back to the city," said Councilman Pier Cipollone, who spoke at length about the need to restore pride in Batavia. "If more people have pride they'll have a better feeling about being Downtown."

Also Monday: 

The city spent a total of $10,700 during the last fiscal year defending itself against a lawsuit filed by the City Centre Mall Association.

The figure was obtained by resident John Roach through a Freedom of Information Request. Roach complained that the bills he obtained were not “itemized.”

City Manager Jason Molino countered that Roach only requested a total amount for mall litigation and if an itemized accounting was requested, it could be provided.

The legal services summarized in the 2012-2013 fiscal year were incurred before the city filed a countersuit against the Mall Association earlier this year.

Sgt. Shaina Schmigel receives patriotic escort through Genesee and Orleans counties

By Howard B. Owens

A casket bearing the body of Sgt. Shaina Schmigel, the Batavia native and Medina High School graduate, was escorted through Orleans and Genesee counties today by State Police and the Patriot Guard motorcycle group.

At about 7:30 p.m., the procession reached Michael S. Tomaszewski Funeral & Cremation Chapel, on West Main Street Road, where it was greeted by a gathering of family friends and supporters.

In a solemn event, Schmiegel's casket was carried into the funeral home, where it will lie in state until Sgt. Schmigel's funeral at 11 a.m., Wednesday. There will then be a funeral procession to Corfu for burial at noon.

Calling hours for family and friends are tomorrow from 2 to 8 p.m.

Sgt. Schmigel's awards and decorations include the Army Commendation Medal, Army Achievement Medal (2), Army Good Conduct Medal (2), National Defense Service Medal, Iraq Campaign Medal with one Campaign Star, Global War on Terrorism Service Medal, Army Service Ribbon and the Parachutist Badge.

She will be buried with full military honors.

A paratrooper, Sgt. Schmigel died of an as yet undetermined cause during a training exercise at Fort Bragg, N.C.

UPDATE: Very nice coverage of the procession through Medina by Tom Rivers at OrleansHub.com.

Body of fallen Iraq War vet returning home today

By Howard B. Owens

Flags have been placed on both sides of West Main Street Road, Town of Batavia, adjacent the Michael S. Tomaszewski Funeral & Cremation Chapel, to honor Sgt. Shaina Schmigel, a paratrooper who died during training last week.

Schmigel is a decorated Iraq War veteran.

Born in Batavia, Schmigel went to high school in Medina.

The Patriot Guard escorted her casket into Genesee County and then to Medina. The procession is expected in Batavia around 7:15 p.m.

Rita Towner helped organize an effort to use flags from Redfield Parkway to line West Main Street. She's asking that any residents along the route today and Wednesday (when the funeral procession will travel from Batavia to Corfu) to put out any flags they have in the parkway or along the roadway.

Below is a video from Route 77 in Pembroke that was submitted by a reader.

UPDATE: Also participating in the flag placement: Kathy Owens, Dennis Altman, Spencer Towner, Laura Mullen, Quinton and Michelle Taylor, the Browns, Lynn Conroy and her cousins.

Law and Order: Woman charged with DWI following accident on Lewiston Road

By Howard B. Owens

Pauline J. Hensel, 61, of Lewiston Road, Batavia, is charged with DWI, aggravated unlicensed operation, leaving the scene of an accident, and refusal to take a breath test. Police officers responded at 6:39 p.m. Saturday to Lewiston Road for the report of an erratic driver involved in a property damage accident. A vehicle was located at 8351 Lewiston Road and Hensel identified herself as the driver, according to Batavia PD. She was arraigned and jailed on $3,000 bail.

Marquis D. Flowers, 22, of Carter Street, Rochester, is charged with unauthorized use of a motor vehicle, 3rd. Flowers was arrested by Rochester PD and turned over to Batavia PD on an arrest warrant. Flowers was wanted for alleged unauthorized use of a motor vehicle on May 8 in the City of Batavia. Flowers was jailed on $1,000 bail.

Shane Allen McMurray, 34, of Lancer Court, Depew, is charged with DWI and driving with a BAC of .18 or greater. McMurray was arrested following a report at 8 a.m., Sunday, of a vehicle parked on a residential lawn on Alleghany Road, Alabama, with an apparently intoxicated driver. The complaint was investigated by Deputy Chris Parker. McMurray's BAC was allegedly three times the legal limit.

Justin David Cotter, 22, of Lehigh Avenue, Batavia, is charged with DWI, driving with a BAC of .08 or greater, failure to keep right, and consumption of alcohol in a motor vehicle. Cotter was stopped at 7:50 a.m. Sunday on Dorman Road, Batavia, by Deputy Bradley Mazur.

Cindy Bush, 52, of Batavia, is charged with harassment, 2nd. Bush was arrested by State Police for an alleged incident reported at 10:29 a.m. June 4. She was jailed on cash bail. No further details released.

(Name Redacted Upon Request), 18, of Batavia, and a 17-year-old from Caledonia, are charged with petit larceny. Both are accused of stealing from a location in the Town of Batavia. They were arrested by State Police. No further details released.

Green Party candidate for governor makes stop in Bergen on June 19

By Howard B. Owens

Press release:

Howie Hawkins, Green Party candidate for governor of New York State, will conduct a press conference in Bergen on Thursday, June 19 to be followed by a meet-and-greet with local Green Party members.

The slate of Hawkins, Brian Jones, lieutenant governor, Ramon Jimenez, attorney general and Theresa Portelli, comptroller, was nominated at the recent Green Party state convention in Troy.

Hawkins launches his second bid for NY executive after running against Andrew Cuomo in 2010. Jimenez is also reprising a run for AG.

The Green Party candidates have dubbed their platform, the Green New Deal. Hawkins says he plans to challenge the 1-percent tag team of Cuomo and Republican nominee Astorino on economic, climate change and criminal justice issues. Hawkins also wants NY to go carbon free with a 100-percent clean renewable energy by 2030, while providing a public living wage job to any New Yorker who needs one.

The Greens selected NYC Educator Brian Jones to highlight their opposition to Cuomo's education policies promoting privatization of the education system, including his promotion of the Common Core agenda and charter schools. The Greens are seeking full funding to meet the educational needs of New Yorkers, including free tuition at CUNY and SUNY.

The press conference in Bergen is scheduled for 2 p.m. at the residence of Genesee County Green Party member Chris Barons, 24 Clinton St. A Meet-and-Greet will follow a presentation to local Greens at 4 p.m. The event is open to the public.

Notre Dame advances to state champion semi-final behind one-hitter by Covel

By Howard B. Owens

The lore of the ace is the guy who can take the big game on his shoulders and simply dominate. Once again, Notre Dame's Alec Covel showed he's that kind of guy.

He struck out eight of the first nine batters he faced in today's regional championship game in Jamestown against North Collins. If not for some mental lapses in the 4th -- when the Eagles scored two runs without a hit or even a knock into the outfield -- Covel would have completed the game with a one-hit shutout.

Instead, the Fighting Irish advance to the state championship games at Broome Community College next Saturday with a 9-2 win over the Section VI champs.

"I knew he'd pitch a strong game for us," Head Coach Mike Rapone said. "I didn't know it would be that strong. He was really overpowering.

"He was vintage Covel today, that's for sure," Rapone added. "This is what you expect of a big time player in a big time situation and he came through."

The Eagles looked in over their head against Covel from the start of the game. They couldn't catch up with his fastball, and Covel knew it, and curve after curve caused knees to buckle.

"I was feeling really good (during the first three innings)," Covel said. "Everything was working. They weren't catching them, so I just kept throwing fastballs and blowing it past them."

The fourth inning got a little weird and it became easy to imagine the team that looked so dominate minutes earlier could let things get away from them.

Covel hit the first batter he faced in the 4th. The next hitter drew a walk on four pitches.

Catcher Andrew Mullen tried a pick-off play at first and the ball sailed wide of the bag. First baseman Tyler Stroud snagged the errant throw. The Eagle base runner on second was already half way to third and Stroud tried to make the throw. It skipped past Louis Reynolds and North Collins picked up its first run.

Rapone thought Stroud should have just eaten the ball and let the runner advance.

The second run came on a throwing error by Reynolds (Reynolds did not make the throw) off a grounder from the next North Collins hitter.

"Alec's going to get you out of it," Rapone said. "Instead we threw the ball around and allowed those two guys to score."

With the threat of the wheels coming off and North Collins putting together a big inning, Rapone gathered his team on the mound.

"These guys don't get down, but I was afraid they would get a little rattled," said Rapone, who has more than 600 wins as a basketball coach. "It's a little like a timeout in basketball after the other team goes on a little run. You take a timeout and say 'hey, boys, slow down. We've got this. Relax. Take a deep breath.' "

The team got the message and Mullen ended the inning -- a bit of poetic justice -- with a pick-off at first.

Mullen -- who nearly came out of his shoes trying to hit the ball all the way back to Batavia on his first two swings in his next at bat -- would also help tie the game with a bases loaded single, giving Notre Dame a lead, at 4-2, it wouldn't relinquish.

The Irish were confident they could hit the North Collins starter, who had little velocity. His big side-arm curve was easy to pick up and dropped across the plate in a consistent groove. They hit him hard in the fourth, fifth and sixth innings before driving him from the game.

Cal Tygart sparked the Irish offense, leading off in three separate innings and scoring all three times. He was 3-5.

"Cal's been strong for us all year long," Rapone said. "He kind of gets lost in the shuffle with the other guys that we have, but he's really done well for us."

Tygart said it was all about having fun and backing the ace.

"We just needed to give Covel the room he needed to work," Tygart said. "He was pitching really well so we needed to come out and give it our all and give him the room to work with."

Covel finished with 11 strikeouts and only one hit allowed.

The most unusual stat of the game was the eight hit batters on the Notre Dame side. Stroud was hit four times.

Notre Dame's state semi-final championship game will be against Smithtown Christian, from Long Island. The winner of the 10 a.m. game Saturday will advance to the final at 4 p.m. in Binghampton.

To purchase prints, click here.

Photos: The 63rd annual St. Joe's Lawn Fete is under way

By Howard B. Owens

The 63rd Annual St. Joe's Lawn Fete kicked off Friday.

Friday evening St. Joe's Alumni Bugal Corps started the evening by playing a show outside Crossroads House and then played on the carnival grounds.

After their performance, the band Inside Out got things rockin' in the beer tent.

The fun continues today from noon to 11 p.m., with the annual parade at 6:30 p.m. Tomorrow, the fete runs from noon to 6 p.m.

I'll be in Jamestown today to cover Notre Dame in the regional championship baseball game this afternoon. Julia Ferrini will cover the parade for us.  

To purchase prints, click here.

GCEDC board member announces retirement after 31 years of service

By Howard B. Owens

Press release:

The Genesee County Economic Development Center (GCEDC) announced the retirement of James L. Vincent from the GCEDC’s board of directors at its board meeting on Thursday, June 5, 2014.

Vincent served on the GCEDC board of directors for 31 years, playing an instrumental role on the board since 1983. In addition to being a board member, he also served as the GCEDC’s vice chairman for several years and helped the GCEDC become one of the most progressive economic development agencies in New York State through his deep, comprehensive understanding of the need for sustained economic growth. During his tenure as a member of the board, Vincent helped foster increased economic activity in Genesee County by advocating for new employment opportunities and a high quality of life for residents and their families.

Vincent served as president of L-Brooke Farms, Inc., an 8,000+ acre processing vegetable and grain farm since 1986. He also served as chairman of the New York State Advisory Council on Agriculture and the Genesee County Water Resources Agency, among others.

Vincent is past president of Genesee Memorial Hospital, Genesee Community College Foundation, Genesee County Chamber of Commerce, and Genesee County Farm Bureau, as well as board member of Farm Fresh First, LLC, Pro Fac Cooperative, Inc., and former town supervisor. 

The GCEDC congratulates Vincent in his retirement from service to the GCEDC board and recognizes him as an exceptional leader in economic development and a dedicated citizen worthy of esteem of not only the GCEDC, but throughout Genesee County.

GCEDC board approves projects, including one involving sale of Daily News building

By Howard B. Owens

Press release:

The Board of Directors of the Genesee County Economic Development Center (GCEDC) approved a final resolution for applications for assistance from 9 Apollo Drive, Inc., and an initial resolution to set a public hearing for United States Gypsum Co. at the June 5, 2014, board meeting. 

United States Gypsum Company Co. is planning to upgrade its paper mill at 2750 Maple Ave. in Oakfield, NY.  The project will include replacing and relocating equipment, stock cleaning and enhanced manila production to improve the safety, quality and efficiency of the facility.

The upgrades will consist of three phases and are expected to commence in 2016. The projected capital investment is approximately $23 million. The investment will retain 98 manufacturing jobs and create 12 new production jobs.

9 Apollo Drive, Inc., is a business that manufactures doors and windows. The company plans to purchase the building located at 2 Apollo Drive in the City of Batavia to accommodate its growth and expansion. 9 Apollo Drive, Inc., will make a capital investment of approximately $750,000.

In 2002, the company was granted a payment in lieu of taxes (PILOT) for the building located at 9 Apollo Drive, Inc., by the GCEDC and pledged to create eight new jobs. According to PARIS reporting submitted to the GCEDC in 2013, the company has created 29 jobs at this location.

“It is very encouraging to see existing businesses in our region invest resources to improve production and operations and, just as important, retain existing jobs and create new jobs,” said Wallace Hinchey, GCEDC board chairman.

Bicycle struck on Route 98 near Goodman Road

By Howard B. Owens

A bicycle has reportedly been struck on Route 98 near Goodman Road, Alexander.

Alexander fire and Mercy EMS dispatched.

No word on injuries, if any.

UPDATE 8:54 a.m.: Mercy EMS response is cancelled. Alexander ambulance is on scene.

UPDATE 9:07 a.m.: Alexander fire clearing the scene. Alexander Ambulance transporting one to UMMC.

Photos: Le Roy residents pitch in to clean up Main Street

By Howard B. Owens

Le Roy Main Street Revitalization hosted a village clean-up this afternoon with residents, including students, pitching in to pull weeds and pick up garbage.

Above, Carly, Contado and Jack pull weeds from a garden bed along Main Street.

Candy Bower and Jennifer Keys cleaning the brick alleyway off Main Street.

For more information about Le Roy Main Street Revitalization, visit the group's Facebook page.

Egeli poised to capture titles at state track meet

By Howard B. Owens

Batavia High School track star Alex Egeli stopped in to see his chiropractor, Tom Mazurkiewicz, today before heading off to the state championships in Syracuse.

Egeli is ranked the number one runner in the state in the 400 meter hurdles and 110 meter hurdles. He's the first BHS track team member to qualify in four state events (those two, plus 100-yard dash and he's a member of one of the relay teams).

Mazurkiewicz will be at the state championship as well, working as a chiropractor.

Chiropractic care is being increasingly recognized as important by athletes, Mazurkiewicz said, because joint restriction and muscle imbalance can impede performance and increase the chance of injury. It's become a part of the training routine for NFL and Olympic athletes, he said.

Egeli will attend Freedonia next year and then maybe move up to a Division I university.

Photos: St. Joe's Lawn Fete is this weekend

By Howard B. Owens

Many carnival rides are in place and workers are busy making other preparations for the annual St. Joe's Lawn Fete this weekend in Batavia.

'Impeach Obama' booth on West Main draws supporters and code enforcement

By Howard B. Owens

Two men from New Jersey stopped in Batavia today to gather signatures from people who agree with their "Impeach Obama" message. They were also gathering signatures on a petition to reinstate the Glass-Steagall Act.

Art Murphy and Chris Sare, from Bogota, N.J., said their goal is to visit every congressional district. They've been to Florida, Texas, California, among other places.

There were set up on West Main Street near the eastern entrance to the Tops parking lot.

The funding for their travels comes primarily from the LaRouche PAC.

Quite a few people stopped to sign the petitions.

They also got a visit from Batavia PD and the city's code enforcement officer.

City code prohibits any kind of sign in parkways. If it's planted in the ground, no matter what the message, it's illegal under city code.

Police responded to a citizen complaint about the signs.

When Code Enforcement Officer Ron Panek arrived, he showed them the section of code they were allegedly violating.

Murphy asked how to contact the city attorney. He said there are court cases that give them the right on public property to conduct political protests. He said they would follow up, but said they would obey the orders of the police.

Once the signs were down, the Sgt. Dan Coffey and Panek left, leaving Murphy and Sare to carry signs up and down the sidewalk if they wished. As they left, even more people were stopping to sign petitions.

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